a) This Article is adopted pursuant to Wisconsin Statute Section 62.23(7a) and Section 114.136. It is hereby found that an obstruction has the potential for endangering the lives and property of users of the New Richmond Municipal Airport, and property or occupants of land in its vicinity; that an obstruction may affect existing and future instrument approach minimums of New Richmond Municipal Airport; and that an obstruction may reduce the size of areas available for the landing, take off, and maneuvering of aircraft, thus tending to destroy or impair the utility of the New Richmond Municipal Airport and the public investment therein. Accordingly it is declared:

1) That the creation or establishment of an obstruction has the potential of being a public nuisance and may injure the region served by New Richmond Municipal Airport;

2) That it is necessary in the interest of the public health, public safety, and general welfare that the creation or establishment of obstructions that are a hazard to air navigation be prevented; and

(3) That the prevention of these obstructions should be accomplished, to the extent legally possible, by the exercise of the police power without compensation.

b) It is further declared that the prevention of the creation or establishment of hazards to air navigation, the elimination, removal, alteration, or mitigation of hazards to air navigation, or marking and lighting of obstructions are public purposes for which a potential subdivision may raise and expend public funds and acquire land or interests in land.

Section 10-6-82 Airport Approach Zoning District. In order to carry out the provisions of this Article, there is hereby created and established and Airport Approach Zoning District, an overlay district that extends no more than three (3) miles from the Airport boundary. These zones are designated on the map dated 8-9-96 and entitled "Height Limitation Zoning Map, New Richmond Municipal Airport, New Richmond, Wisconsin," which is attached to this Article and made a part thereof.

Section 10-6-83 Airport Approach District Height Limitations. Except as otherwise provided in this Article, no structure shall be erected, altered, or maintained, and no tree shall be allowed to grow to a height in excess of the applicable height limit designated for that zone on the map dated 8-9-96 and entitled "Height Limitation Zoning Map, New Richmond Municipal Airport, New Richmond, Wisconsin." An area located in more than one (1) of the zones designated on said map is considered to be only in the zone with the more restrictive height limitation. A variance from this provision may be obtained in the manner provided for a Conditional Use Permit under Section 10-6-86.

Section 10-6-84 Airport Approach Zoning District Land Use. (a) Scope. This section shall apply to all lands within three (3) miles of the airport boundary as designated by the map dated 8-9-96 and entitled "Height Limitation Zoning Map, New Richmond Municipal Airport, New Richmond, Wisconsin,: and shall include lands within the City of New Richmond and the towns of Star Prairie, Stanton, Richmond and Erin Prairie.

(b) Permitted Uses.

(1) Open Space

(2) Agricultural Use as provided in Section 13-1-49(b).

(c) Conditional Uses.

(1) Any permitted use for which the affected property has been zoned by the city, town, village, or county in which said property is located.

(d) Prohibited Uses. Notwithstanding any other provisions of this Article, no use may be made of land or water within any zone established by this Article in such a manner as to create electrical interference with navigational signals or radio communication between the airport and aircraft, make it difficult for pilots to distinguish between airport lights and others, result in glare in the eyes of pilots using the airport, impair visibility in the vicinity of the airport, create bird strike hazards, or otherwise in any way endanger or interfere with the landing, takeoff, or maneuvering of aircraft intending to use the airport.

Section 10-6-85 Airport Zoning District.

In order to carry out the provisions of this Article, there is hereby created and established an Airport Zoning District that consists of the New Richmond Municipal Airport.

Section 10-6-86 Airport Zoning District Land Use.

A) Permitted Uses. The following are permitted uses allowed within this zoning district:

(5) Buildings and uses of public works, public services, or public utility nature; and

(6) Any other use(s) clearly similar to those listed in the section.

B) Accessory Uses. The following are accessory uses allowed within this zoning district:

(1) Parking;

(2) Underground Fuel Tanks;

(3) Navigational Aids and Weather Observation Instruments;

(4) Storage facilities for airport purposes only; and

(5) Any other use(s) clearly similar to those listed in this section.

C) Conditional Uses. The following are conditional uses allowed within this zoning district:

(1) Outside Storage;

(2) Fencing;

(3) Recreational Walking Trails or Parks;

(4) Underground Utility Lines; and

(5) Commercial and Industrial uses incidental to airport operations.

D) Prohibited Uses. The following are conditional uses not allowed within this zoning district.

(1) Single, duplex and multi-family dwelling units;

(2) Planned unit development (PUD'S);

(3) Hospitals;

(4) Schools;

(5) Bulk flammable or bulk compressed gas storage;

(6) Incineration facilities;

(7) Uses that may attract massing birds, including landfills;

(8) Above grade major utility transmission lines and/or mains;

(9) Commercial and industrial uses not incidental to Airport operations;

(10) Bulk above ground fuel storage tanks or facilities; and

(11) Truck terminal and freight forwarding facilities which are regularly interrelated with air shipping.

Section 10-6-87 Conditional Use Permits. The application for a conditional use permit under this Article shall be in the same MANNER as prescribed in Title 13, Chapter 1, Article E of this Code of Ordinances.

Section 13-1-40 Zoning Districts and Map.

(a) Districts Established. Thirteen (13) zoning districts are provided as follows in the City of New Richmond:

(1) R- 1 One Family Residence District - Large

(2) R-2 One Family Residence District - Small.

(3) R-3 One Family Residence District - Smaller lot sizes

(4) R-4 Multiple Family Residence District

(5) C- I Highway Commercial District

(6) C-2 Central Business District

(7) I- 1 Light Industrial District

(8) 1-2 General Industrial District

(9) A-1 Agricultural District

(10) W- 1 Conservancy District

(11) MH- I Mobile Home Park District

(12) AZ-1 Airport Zoning District

(13) AZ-2 Airport Approach Zoning District

(b) Official Zoning Map. The official zoning district map is an integral part of this Chapter. The single official copy of this map, entitled "City of New Richmond Official Zoning District Map," together with a copy of this chapter, shall be kept at the office of the City Clerk/Treasurer, with a duplicate copy on file with the Zoning Administrator and shall be certified by the Mayor and attested by the City Zoning Administrator. Any changes in zoning district boundaries shall be recorded on the map. No such changes shall be effective until so recorded and until a duly certified and attested certificate describing the change is filed with the map. Except in the W- I Conservancy District, no zoning district shall be less than five (5) acres.

(c) District Boundaries.

(1) The district boundaries are either streets or alleys unless otherwise shown, and where the designation on the map indicates that the various districts are approximately bounded by a street or alley line, such street or alley line shall be construed to be the district boundary line.

(2) Where the district boundaries are not otherwise indicated and where the property has been or may hereafter be divided into blocks and lots, the district boundaries shall be construed to be lot lines, and where the designations on the map are approximately bounded by lot lines, said lot line shall be construed to be the boundary of the district.

(3) In unsubdivided property, the district boundary shown on the map shall be determined by the use of the scale shown on such map.

Section 13-1-85 Notice on Hearing of Application Notice of the time, place and purpose of such hearing shall be given by publication of a Class 2 Notice under the Wisconsin Statutes in the Official City newspaper. Notice of the time, place and purpose of such public hearing shall also be sent to the applicant, the Zoning Administrator, members of the Common Council and Plan Commission, and the owners of record as listed in the office of the City Assessor who are owners of property in whole or in part situated within one hundred (100) feet of the boundaries of the properties affected, said notice to be sent at least fourteen (14) days prior to the date of such public hearing; When the application is for a conditional use within the Airport Zoning District (AZ- 1) or the Airport Approach Zoning District (AZ-2), notice of the time, place and purpose of the public hearing shall also be sent to the City of New Richmond Airport Manager in the same manner as prescribed in this section. Failure to comply with this provision shall not, however, invalidate any previous or subsequent action on the application.

Section 13-1-52 AZ- I Airport Zoning District. The requirements for the AZ- I Airport Zoning District shall be as prescribed in Title 10, Chapter 6, Article D, of this Code of Ordinances.

Section 13-1-53 AZ-2 Airport Approach Zoning District. The requirements for the AZ-2 Airport Approach Zoning District shall be as prescribed in Title 10, Chapter 6, Article D, of this Code of Ordinances.